A DEA agent removed a suitcase from the common luggage area of an Amtrak train and pulled it down the aisle of the rail car seeking the owner. The suitcase did not have a tag on it as required by Amtrak rules. The court ruled removing the suitcase from the luggage area was a seizure in violation of the 4th amendment. See United States v. Hill, 805 F.3d 935 (10th Cir. N.M. 2015).

Here is an interesting case decided 12/29/15 by the 10th circuit. It involves a child pornography case where the PC affidavit for the search warrant was based on the defendant posting “sexually provocative” photos on the internet of a 10-year-old girl. The photos were not pornography and did not sexually explicit acts, but the defendant and others commented about their sexual attraction for the girl. The magistrate issued the search warrant which led to the discovery of a large amount of child pornography in his possession. The court ruled the affidavit did not justify PC because sexually suggestive photos were not in violation of the law and did not provide probable cause the defendant possessed child pornography. The did uphold the search based on the good faith rule. United States v. Edwards.

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